[HISTORY: Adopted by the Town Council of the Town of Rocky Hill 9-19-2005
by Ord. No. 227-05. Amendments noted where applicable.]
This chapter is authorized pursuant to C.G.S. § 7-148(c) (7)(H)(ii),(vii)
and/or (viii). It is hereby found and declared that organized motocross riding
or racing of motorized cars and/or cycles is a sporting activity that is noisy,
produces dust and vehicle pollution and increases traffic in generally agricultural,
undeveloped and/or residential areas. It is further found that organized motocross
riding and racing is a potentially dangerous sporting activity with a material
risk of injury to its participants, spectators and/or officials, imposing
an increased burden on Town police, fire and ambulance services. Therefore,
it is found that the proliferation of organized motocross riding or racing
in the Town of Rocky Hill will adversely affect property values within the
Town and threatens the health, safety and general welfare of its residents
as well as constituting an unreasonable annoyance to those residents living
or owning property in the vicinity.
The following definitions shall apply in the interpretation and enforcement
of this chapter:
Any vehicle propelled or drawn by a motor, internal combustion engine,
or any nonmuscular power, having not more than three wheels in contact with
the ground and a saddle or seat on which the rider sits or a platform on which
the rider stands and includes bicycles having a motor attached.
Any vehicle propelled or drawn by a motor, internal combustion engine
or any nonmuscular power and which is not a motorized cycle.
The operation of three or more motorized cars and/or motorized cycles
on any single parcel of land or unpaved surface, including dirt, earth, sand
and/or soil surfaces, by one or more persons over substantially natural terrain.
The operation of motorized cars and/or motorized cycles on any type
of unpaved surface, including dirt, earth, sand and/or soil surfaces, by one
or more persons as part of an organized racing event on a closed course or
track over substantially natural terrain.
No owner and/or lessor of real property, taxable or tax-exempt, within
the Town of Rocky Hill shall allow organized motocross riding or racing on
said real property provided, however, that the provisions of this chapter
shall not apply to any real property upon which organized motocross riding
or racing took place and was allowed prior to the adoption of this chapter.
A.
The Town Manager, or a designee, shall issue a written
warning to all individuals or any business found to be conducting or participating
in organized motocross riding or racing in violation of this chapter. After
a written warning, the Town Manager, or a designee, shall issue a citation
and impose a fine of $100 for each day that organized motocross riding or
racing is allowed in violation of this chapter. Such fine if not paid within
10 days, shall be doubled. Each day such violation continues shall constitute
a separate offense.
B.
A citation hearing procedure is hereby established pursuant to C.G.S. § 7-152c (a). The provisions of C.G.S. § 7-152c, Subsections (b) through (g), inclusive, are hereby adopted by reference as if fully set forth herein.
C.
Nothing herein shall prevent the Town of Rocky Hill from
requesting injunctive relief to enforce the provisions of this chapter.
